KIA`I WAI v. DEPT. OF WATER

SCAP-20-0000487.

517 P.3d 725 (2022)

KIA`I WAI o Wai`ale`ale, an unincorporated community association, Plaintiff-Appellant, v. DEPARTMENT OF WATER, County of Kaua`i, applicant and accepting agency of the subject environmental assessment, Defendant-Appellee.

Supreme Court of Hawai`i.

September 23, 2022.


Attorney(s) appearing for the Case

Lance D. Collins and Bianca Isaki for Plaintiff-Appellant.

Naomi U. Kuwaye , Rosemary T. Fazio , Honolulu, and Nicholas G. Altuzarra for Defendant-Appellee.

Leinā`ala L. Ley and Isaac H. Moriwake for amici curiae.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, WILSON, AND EDDINS, JJ.


I. Introduction

This transfer case addresses the required scope of environmental review under the Hawai`i Environmental Policy Act ("HEPA") and its administrative rules. The Department of Water, County of Kaua`i ("KDOW") proposes to install an 18-inch-diameter water transmission line in the Līhu...

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